In Article 78 review, which of the following is NOT a possible remedy?

In Article 78 review, which of the following is NOT a possible remedy?

• A. Reversal
• B. Modification
• C. Remand
• D. Dismissal

Answer: (D)

In Article 78 review, the court’s job is to correct an agency action by setting aside, altering, or sending back the decision for reconsideration. The typical ways to do this are to reverse (vacate) the agency’s determination, modify its terms, or remand the matter to the agency with instructions for a new proceeding or ruling. Dismissal, on the other hand, does not change or fix the agency’s action. It ends the challenge itself rather than provide a remedy that corrects the decision, and while the petition can be dismissed for procedural reasons, that’s not a remedy aimed at the agency’s action. So dismissal is not a possible remedy in Article 78 review.

In Article 78 review, the court’s job is to correct an agency action by setting aside, altering, or sending back the decision for reconsideration. The typical ways to do this are to reverse (vacate) the agency’s determination, modify its terms, or remand the matter to the agency with instructions for a new proceeding or ruling.

Dismissal, on the other hand, does not change or fix the agency’s action. It ends the challenge itself rather than provide a remedy that corrects the decision, and while the petition can be dismissed for procedural reasons, that’s not a remedy aimed at the agency’s action. So dismissal is not a possible remedy in Article 78 review.